Digital Commons Network^™

The Failure Of Sorry: An Empirical Evaluation Of Apology Laws, Health Care, And Medical Malpractice, Benjamin J. Mcmichael

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No abstract provided.

Violent Videos: Criminal Defense In A Digital Age, Amy F. Kimpel

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No abstract provided.

Female Students View The Knowledge Of Foreign Languages As More Important For Careers In Tourism Than Male Students?, Nikolina Božinović, Joško Sindik

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The proficiency in multiple foreign languages is a basic assumption for successful communication in tourism. Tourism and mobility have a significant and important role, where intercultural contacts contribute to the development of intercultural dialogue. This paper attempts to explore gender differences in the perceptions of students from the Rochester Institute of Technology, RIT Croatia regarding the importance of knowing various foreign languages in tourism. The results obtained could help in raising the awareness of the importance of the role of learning and teaching foreign languages, with potential effects in developing and promoting tourism in Croatia. The key research finding is …

Identifying A Novel Role For Fractalkine (Cx3cl1) In Memory Cd8(+) T Cell Accumulation In The Omentum Of Obesity-Associated Cancer Patients, Melissa J. Conroy, Stephen G. Maher, Ashanty M. Ashanty, Suzanne Doyle, Emma K. Foley, John V. Reynolds, Aideen Long, Joanne Lysaght

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The omentum is enriched with pro-inflammatory effector memory CD8+ T cells in patients with the obesity-associated malignancy, esophagogastric adenocarcinoma (EAC) and we have identified the chemokine macrophage inflammatory protein-1alpha as a key player in their active migration to this inflamed tissue. More recently, others have established that subsets of memory CD8+ T cells can be classified based on their surface expression of CX3CR1; the specific receptor for the inflammatory chemokine fractalkine. CD8+ T cells expressing intermediate levels (CX3CR1INT) are defined as peripheral memory, those expressing the highest levels (CX3CR1HI) are effector memory/terminally differentiated and those lacking CX3CR1 (CX3CR1NEG) are classified …

Current And Future Technologies For Microbiological Decontamination Of Cereal Grains, Agatha Los, Dana Ziuzina, Paula Bourke

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Cereal grains are the most important staple foods for mankind worldwide. The constantly increasing annual production and yield is matched by demand for cereals, which is expected to increase drastically along with the global population growth. A critical food safety and quality issue is to minimize the microbiological contamination of grains as it affects cereals both quantitatively and qualitatively. Microorganisms present in cereals can affect the safety, quality, and functional properties of grains. Some molds have the potential to produce harmful mycotoxins and pose a serious health risk for consumers. Therefore, it is essential to reduce cereal grain contamination to …

Patient Experiences Of A Physiotherapy-Led Multidisciplinary Rehabilitative Intervention After Successful Treatment For Oesophago-Gastric Cancer, Annemarie Bennett, L. O'Neill, D. Connolly, E. M. Guinan, L. Boland, Suzanne Doyle, J. O'Sullivan, J. V. Reynolds, J. Hussey

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Purpose To qualitatively explore the perceived impact of a 12-week rehabilitative intervention for oesophago-gastric cancer survivors on their physical, mental and social wellbeing. Methods Of the 21 participants who completed the intervention, 19 took part in a semi-structured focus group interview. Four audio-taped focus groups were held, ranging in size from two to eight participants. Focus groups were transcribed and analysed using a descriptive qualitative approach. Results At recruitment, participants were 23.5 ± 15.2 months post-surgery and all had suboptimal fitness levels. Participants reported improvements in their physical capacity and ability to carry out activities of daily living during the …

Assessment Of The Disinfection Capacity And Eco-Toxicological Impact Of Atmospheric Cold Plasma For Treatment Of Food Industry Effluents, Apurva Patange, Daniela Boehm, Michelle Giltrap, Peng Lu, Patrick J. Cullen, Paula Bourke

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Generation of wastewater is one of the main environmental sustainability issues across food sector industries. The constituents of food process effluents are often complex and require high energy and processing for regulatory compliance. Wastewater streams are the subject of microbiological and chemical criteria, and can have a significant eco-toxicological impact on the aquatic life. Thus, innovative treatment approaches are required to mitigate environmental impact in an energy efficient manner. Here, dielectric barrier discharge atmospheric cold plasma (ACP) was evaluated for control of key microbial indicators encountered in food industry effluent. This study also investigated the eco-toxicological impact of cold plasma …

Awareness And Prevalence Of Human Milk Sharing And Selling In The United States, Elizabeth O'Sullivan, Sheelagh R. Geraghty, Kathleen Maher Rasmussen

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There are limited data available about the prevalence of human milk (HM) sharing and selling in the general population. We aimed to describe attitudes toward HM selling among participants in a qualitative‐interview study and prevalence of HM sharing and selling among a national sample of U.S. mothers. Mothers (n = 41) in our qualitative‐interview study felt that sharing or donating HM was more common than selling; none had ever purchased or sold HM. Three themes related to HM selling emerged from this work: questioning the motives of those selling HM, HM selling limits access to HM to those with money, …

Exploring The Association Of Urban Or Rural County Status And Environmental, Nutrition- And Lifestyle-Related Resources With The Efficacy Of Snap-Ed (Supplemental Nutrition Assistance Program-Education) To Improve Food Security, Rebecca L. Rivera, Jennifer Dunne, Melissa K. Maulding, Qi Wang, Dennis A. Savaiano, Sharon M. Nickols-Richardson, Heather A. Eicher-Miller

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Public Health Nutrition

Optimization Of Folic Acid Supplementation In The Prevention Of Neural Tube Defects, Shona Cawley, Daniel Mccartney, Jayne V. Woodside, Mary Rose Sweeney, Robert Mcdonnell, Anne M. Molloy, Michael J. Turner

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Background We examined the relationship between timing and duration of folic acid (FA) supplementation in achieving red blood cell (RBC) folate levels in early pregnancy which are optimal (>906 nmol/l) for the prevention of neural tube defects (NTDs). Methods Clinical, FA supplementation and dietary folate details were computerized at the first antenatal visit. Maternal blood samples were analysed for RBC and serum folate. Results Of the 502 women, 98.2% (n = 493) reported taking FA. There was a positive correlation between duration of supplementation and both RBC folate (r = 0.43, P < 0.001) and serum folate (rho = 0.29, P < 0.001). The optimal RBC folate level was achieved in 80.4% (n = 46) of women who started FA 400 μg 4–8 weeks before their LMP compared with only 53.6% (n = 153) in women who started 4–8 weeks after their LMP (P < 0.001). Conclusions This study provides, for the first …

A Close Reading Of Barnette, In Honor Of Vincent Blasi Symposium: Barnette At 75: The Past, Present, And Future Of The Fixed Star In Our Constitutional Constellation, Paul Horwitz

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No abstract provided.

“High” Standards: How The Tide Of Marijuana Legalization Sweeping The Country Ignores The Hidden Risks Of Edibles, Steve Calandrillo, Katelyn Fulton

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As a tide of marijuana legalization sweeps across the United States, there is a surprising lack of scrutiny as to whether the benefits of recreational marijuana outweigh the risks. Notably, marijuana edibles present special risks to the population that are not present in smoked marijuana. States that have legalized recreational marijuana are seeing an increase in edible-related calls to poison control centers and visits to emergency rooms. These negative reactions are especially prevalent in vulnerable populations such as children, persons with underlying preexisting conditions, and out-of-state marijuana novices. Unfortunately, research on edible marijuana is scant and state regulatory regimes are …

Disruptive Lending For Innovations: Signaling Model And Banks Selection Of Startups Innovations, Xuan-Thao Nguyen, Erik Hille

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Startups desperately need funding. But lending to startups is too risky for banks. How can banks lend to startups whose cash flow is negative, tangible assets are nonexistent, and most valuable assets are patents? In light of the uncertainties, what can banks do in lending for innovations? In this Article, we turn to economic theory to demonstrate how banks can make their selections of startups, ensuring their returns and encouraging innovations. Specifically, we create a signaling model with partial separating equilibria to demonstrate how banks can address the information asymmetry problem by relying on a truth-telling signal in assessing the …

Protecting Offshore Areas From Oil And Gas Leasing: Presidential Authority Under The Outer Continental Shelf Lands Act And The Antiquities Act, Robert T. Anderson

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For over one hundred years, presidents of both parties have used executive power to protect America’s lands and waters. Until the second half of the twentieth century, however, little attention was given to protecting the marine ecosystem. Federal authority reaches out to two hundred miles or more in the oceans off the United States, covering an area known as the Outer Continental Shelf. Federal interest in the area historically focused on developing oil and gas reserves and ensuring that the area was open to trade and commerce. The area is also very important for indigenous subsistence uses and commercial and …

International Lobbying Law, Melissa J. Durkee

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An idiosyncratic array of international rules allows “consultants” to gain special access to international officials and lawmakers. Historically, many of these consultants were public-interest associations like Amnesty International. For this reason, the access rules have been celebrated as a way to democratize international organizations, enhancing their legitimacy and that of the rules they produce. But a focus on the classic public-law virtues of democracy and legitimacy produces a theory at odds with the facts: Many of these international consultants are now industry and trade associations like the World Coal Association, whose principal purpose is to lobby for their corporate clients. …

Freedom In Structure: Helping Foreign-Trained And International Graduate Students Develop Thesis Statements By Component, Elizabeth R. Baldwin

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This article explains how foreign-trained and international graduate students can use a thesis development template to find and articulate narrow, novel, non-obvious, and useful claims for their final, academic papers in law. These students, in particular, are in need of clear direction and methods for crafting well-developed claims (or thesis statements), given that many are non-native speakers of English who trained in different legal and educational systems with different expectations about what constitutes good academic writing—in any genre, let alone law. Through the use of a thesis development template (adapted from writing advice by Joseph M. Williams and Eugene Volokh), …

Indigenous Rights To Water & Environmental Protection, Robert T. Anderson

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This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in Part …

Ph-Dependent Silica Nanoparticle Dissolution And 1 Cargo Release, Giorgia Giovaninni, Colin J. Moore, Andrew John Hall, Hugh Byrne, Vladimir Gubala

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The dissolution of microporous silica nanoparticles (NP) in aqueous environments of different biologically relevant pH was studied in order to assess their potential as drug delivery vehicles. Silica NPs, loaded with fluorescein, were prepared using different organosilane precursors (tetraethoxysilane, ethyl triethoxysilane or a 1:1 molar ratio of both) and NP dissolution was evaluated in aqueous conditions at pH 4, pH 6 and pH 7.4. These conditions correspond to the acidity of the intracellular environment (late endosome, early endosome, cytosol respectively) and gastrointestinal tract (‘fed’ stomach, duodenum and jejunum respectively). All NPs degraded at pH 6 and pH 7.4, while no …

Application Of Box-Behnken Experimental Design For The Formulation And Optimisation Of Selenomethionine-Loaded Chitosan Nanoparticles Coated With Zein For Oral Delivery., Giuliana Vozza, Hugh Byrne, Jesus Maria Frias, Minna Khalid Danish, Sinéad M. Ryan

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Selenomethionine is an essential amino acid with a narrow therapeutic index and susceptibility to oxidation. Here it was encapsulated into a nanoparticle composed of chitosan cross-linked with tripolyphosphate for oral delivery. The formulation was optimised using a three-factor Box-Behnken experimental design. The chitosan:tripolyphosphate ratio, chitosan solvent pH, and drug load concentration were independently varied. The dependent variables studied were encapsulation efficiency, particle size, polydispersity index and zeta potential. For optimisation, encapsulation efficiency and zeta potential were maximised, particle diameter was set to 300 nm and polydispersity index was minimised. A 0.15 mg/mL concentration of selenomethionine, chitosan solvent pH of 3, …

Quantifying The Concentration Of Glucose, Urea, And Lactic Acid In Mixture By Confocal Raman Microscopy, Zhengyuan Tang, Sinead Barton, Thomas Ward, John Lowry, Michelle Doran, Hugh Byrne, Bryan Hennelly

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Raman spectroscopy has numerous applications in the field of biology. One such application is the simultaneously measurement of the concentration of multiple biochemical components in low volume aqueous mixtures, for example, a single drop of blood serum. Over twenty years ago, it was shown for the first time that it was possible to estimate the concentration of glucose, urea, and lactic acid in mixture by combining Raman Spectroscopy with Partial Least Squares Regression analysis. This was followed by numerous contributions in the literature designed to increase the number of components and reduce the limits of concentration that could be simultaneously …

Inner Surface Biofilm Inactivation By Atmospheric Pressure Helium Porous Plasma Jet, Peng Lu, Dana Ziuzina, Patrick J. Cullen, Paula Bourke

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We present a helium porous plasma jet based on gas diffuser, designed with the aim of decontaminating inner surfaces of contaminated structures, e.g., pipes. The porous plasma jet operates with three discharge modes in ambient air and inside a vessel. Its decontamination capacity is demonstrated by evaluating the inactivation efficacy of biofilm form of Pseudomonas aeruginosa, adherent to inner surface of a glass vial. Plasma treatments for 5 min with filament mode and double region helium discharge mode reduced bacterial numbers by 2.4 and 2.5 Log₁₀ CFU/ml. Plasma treatment with double region air‐like discharge mode was the most …

Multi-Drug Resistant Escherichia Coli In Diarrhoeagenic Foals: Pulsotyping, Phylotyping, Serotyping, Antibiotic Resistance And Virulence Profiling, C.A. Kennedy, Ciara Walsh, M. Karczmarczyk, S. O'Brien, N. Akasheh, M. Quirke, S. Farrell-Ward, T. Buckley, U. Fogherty, K. Kavanagh, C.T. Parker, T. Sweeney, S. Fanning

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Extraintestinal pathogenic E. coli (ExPEC) possess the ability to cause extraintestinal infections such as urinary tract infections, neonatal meningitis and sepsis. While information is readily available describing pathogenic E. coli populations in food-producing animals, studies in companion/sports animals such as horses are limited. In addition, many antimicrobial agents used in the treatment of equine infections are also utilised in human medicine, potentially contributing to the spread of antibiotic resistance determinants among pathogenic strains. The aim of this study was to phenotypically and genotypically characterise the multidrug resistance and virulence associated with 83 equine E. coli isolates recovered from foals with …

Hollow Core Fiber Based Interferometer For High Temperature (1000 °C) Measurement, Dejun Liu, Qiang Wu, Chao Mei, Jinhui Yuan, Xiangjun Xin, Arun Mallik, Fangfang Wei, Wei Han, Rahul Kumar, Chongxiu Yu, Shengpeng Wan, Xingdao He, Bo Liu, Gang-Ding Peng, Yuliya Semenova, Gerald Farrell

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A simple, cost effective high temperature sensor (up to 1000 °C) based on a hollow core fiber (HCF) structure is reported. It is configured by fusion splicing a short section of HCF with a length of few millimeters between two standard single mode fibers (SMF-28). Due to multiple beam interference introduced by the cladding of the HCF, periodic transmission dips with high spectral extinction ratio and high quality (Q) factor are excited. However, theoretical analysis shows that minor variations of the HCF cladding diameter may result in a significant decrease in the Q factor. Experimental results demonstrate that the position …

A Long-Standing Debate: Reflections On Risk And Anxiety: A Theory Of Data Breach Harms By Daniel Solove And Danielle Keats Citron, Ryan Calo

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This jointly-authored Article contributes mightily to our understanding of a critical aspect of privacy: harm. As Professors Solove and Citron carefully evidence, courts are reticent to countenance the harms that flow from a violation of privacy, even as they compensate similar harms in other contexts. Thus while exposing a plaintiff to an environmental or health risk may be compensable, few decisions vindicate victims of a data breach unless or until they experience actual identity theft. Courts have recognized subjective harms such as fear since the night W de S threw his fateful axe at M de S. But courts seldom …

Visual Rulemaking, Elizabeth G. Porter, Kathryn A. Watts

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Visual politics are seeping into the technocracy. Rulemaking stakeholders—including agencies, the President, and members of the public—are deploying politically tinged visuals to push their agendas at every stage of high-stakes, often virulently controversial, rulemakings. These images, GIFs, and videos usually do not make it into the official rulemaking record, so this new “visual rulemaking” world has not been discussed much by scholars or others.

In this article, we explore the new visual rulemaking culture that emerged in Obama’s presidency, providing examples and discussing relevant policy implications. Although we recognize some risks, we argue that, on balance, visual rulemaking is a …

Shipping Company Ordered To Pay Almost $1m For Demoting Whistleblower, Craig H. Allen

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The US Department of Labor's (DOL) Administrative Review Board recently affirmed a DOL administrative law judge (ALJ) decision in favor of the former master of the Horizon Trader who had filed a complaint alleging that the Horizon violated the Seaman's Protection Act by discharging him in retaliation for making protected safety reports to the US Coast Guard and American Bureau of Shipping. In Loftus v. Horizon Lines, Inc. (DOL ARB Case No. 16-082), the board upheld the ALJ's award of $655,1998.90 in back pay plus interest; $10,000 in compensatory damages for emotional distress; $225,000 in punitive damages, and an unspecified …

“And Yet It Moves”—The First Amendment And Certainty, Ronald K.L. Collins

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Surprisingly few, if any, works on the First Amendment have explored the relation between free speech and certainty. The same holds true for decisional law. While this relationship is inherent in much free speech theory and doctrine, its treatment has nonetheless been rather opaque. In what follows, the author teases out— philosophically, textually, and operationally—the significance of that relationship and what it means for our First Amendment jurisprudence. In the process, he examines how the First Amendment operates to counter claims of certainty and likewise how it is employed to demand a degree of certainty from those who wish to …

The Flipside Of Michigan V. Epa: Are Cumulative Impacts Centrally Relevant?, Sanne H. Knudsen

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This Article explores the flipside of Michigan--where the Court's logic can just as well support agencies in their public health and environmental protection efforts. In particular, taking Michigan as a blueprint, this Article argues that cumulative impacts are centrally relevant to environmental regulation and--like cost--deserve a systemic and meaningful role in agency decisionmaking, including in the threshold decision of when to regulate.

In doing so, this Article serves as a counterbalance to the weight of cost benefit rhetoric that would reduce environmental law off to a line item in a strained budget. In support of that thesis, this Article …

Socioeconomic Status Discrimination, Danieli Evans

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This Article makes the case for protecting socioeconomic status (SES) under discrimination statutes that govern employment, housing, education, voting, public accommodations, and credit/lending. While others have argued that poverty should be a protected class under the Fourteenth Amendment, the courts have rejected this idea. The possibility of protecting SES under discrimination statutes has received little consideration. I argue that this idea deserves more serious attention. I advance four arguments in favor of adding SES to the list of protected traits. Two moral, one political, and one legal.

First and most straightforward, the values animating discrimination law apply to poverty: Existing …

Work Only We Can Do: Professional Responsibility In An Age Of Automation, Sherman J. Clark

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Automation can help us do our work as lawyers; but in the process, it should also force us to be more thoughtful about what our work really is or ought to be.' The challenge for the profession, as I see it, is not simply to survive the advent of new technology, nor even merely to make effective use of new tools. While addressing those immediate concerns, we should also welcome the concomitant opportunity to develop and refine our understanding of what it means to be a good and ethical lawyer. As technological developments free us from and prevent us from …